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I'm collecting my pension, and I'm on Disability, are these…

Customer Question
Hi, I'm collecting my...

Hi, I'm collecting my pension, and I'm on Disability, are these earned income in a divorce? or are they up for grabs?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

No. I'm exploring my options.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Wife filed bankruptcy, she"s a degenerate Gambler, she has no assets but her income.

Submitted: 10 months ago.Category: Family Law
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Answered in 5 minutes by:
10/6/2017
Family Lawyer: RayAnswers, Lawyer replied 10 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,928
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 10 months ago

Only the pension and disability you earned during marriage in a bank account here would be marital property.Once divorced these would be awarded to you.Minnesota should award these to you in a divorce.

Minnesota, like most states, is a "marital property" state. This means that any asset acquired and any debt incurred during the marriage is the asset or debt of both parties.

In a divorce, the parties divide up what is called the "Marital Estate." The marital estate includes any assets or debts that were acquired during the marriage. Each spouse is deemed to have an equal interest in marital assets or debts.

This true no matter how the property is titled or held and no matter which spouse’s job paid for the asset or which party incurred the debt. That means the marital estate includes a 401 K account or a credit card debt that is in your spouse’s name alone. In fact, marital property is inclusive and encompasses 401K plans, stock plans, stock options, real estate, frequent flier entitlements, bank account proceeds, couches, chairs, cars, utility debts, credit card debts and any other form of asset or liability.

Essentially, the law views marriage as a civil partnership with many of the characteristics of a business partnership. When you join a business general partnership, each partner has an equal interest in the ownership of the business and is exposed equally to the liabilities of the partnership. This is true even if one partner incurs the debt on behalf of the partnership or one partner performs all the work making the partnership a more valuable asset.

Where there are property disputes in divorce, Courts are not particularly fond of hearing those issues. This particularly true when the dispute involves assets that are primarily household furnishings. As a result, courts often render very unsatisfactory Orders related to the division of household furnishings. In fact, in one memorable case, the Judge gave one spouse half of the dining room table and half the chairs and the other spouse the other half. In the end, the judge stated, "if you don’t like what I did here, you will go out in the hall and find a better solution." This is certainly an aberration and not the norm. However, it does underscore the Court’s general dislike in dealing with property issues.

I appreciate the chance to help you today.Thanks.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 10 months ago
she is in bankruptcy , she makes around 90,000 a year. would I have to pay her bills
Family Lawyer: RayAnswers, Lawyer replied 10 months ago

No absolutely not.You would have court award those to her.Unless you have joint accounts here you are not liable for them.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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